NITISH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER has rushed to this Court with request to issue a writ in the nature of mandamus directing the respondents to issue admit card to the petitioner for appearing in the First Semester examination of MBA course and not to create any obstruction to the petitioner undergoing the MBA course and the petitioner be treated as lawfully admitted student in MBA course.

(2.) PETITIONER has passed his graduation with 49.33% marks from Agra University, Agra. Petitioner thereafter applied for getting admission to MBA course; he undertook entrance examination known as U.P. State Entrance Examination-2011. Petitioner claims that in the eligibility criteria as mentioned in the brochure of the College was as under:

(3.) COUNTERING the said submissions, learned standing counsel as well as Sri Neeraj Tiwari, Advocate, contended that minimum eligibility criteria for admission as prescribed by AICT is 50% and the brochure of the University contained incorrect recital and accordingly, on 07.02.2011 Corrigendum was published in newspapers and also on the website of the University that minimum eligibility criteria for admission was 50% in graduate examination, and in the brochure it was wrongly mentioned as 40%, and the incumbents who do not fulfill the minimum eligibility criteria and have been accorded admission, they could ask for refund of their fee and further that the University had no authority to change the criteria.